What are the implications of this charging order?

[lefthanded]

I know I have been an idiot but I have defaulted on two MBNA credit cards with a total balance of £15k. MBNA are taking out a charging order on my property.

 

I am a little confused about exactly what they are applyinig for. We have two letters from them today. The letter addressed to my wife (as joint owner of the property) says:

"We act for the above named client and have obtained an interim charging order on 23/05/2008 on the property known as xx xxxx xxxxxxxxx. We note from a land registry search that you are a joint proprietor of the property and accordingly we enclose a copy of the interim charging order to be heard in the xxxxxx xxxx xx County Court on 30/06/2008 at 12:45, and a copy of our application in support. We should be grateful to receive confirmation if it is your intention to oppose the further charge".

 

The letter to me says:

"We enclose by way of service upon you a sealed copy of the interim charging order returnable in the xxxxxx xxxx xx County Court on 30/06/2008 at 12:45, together with a copy of our application in support"

 

What are the implications of this action? Just to complicate matters a bit more, I cannot attend the Court as I will be in France at the time (something I absolutely cannot get out of).

 

My wife and I are both retired - living on pension income of about £1300 pcm. She is also a registered disabled person and our house has been modified to make it more accessible to her.

 

Thanks.

 

lefthanded

[nicklea]

ok, for them to get a charging order there must first have been a CCJ.

 

Are you aware that you have had a CCJ awarded against you? If you are not them you will need to apply to have it set aside.

 

If you are, was it payable all in one go or in instalments?

 

I would strongly suggest that you do attend at court, or write to the court and explain why you can't attend on that date and ask for a change of date.

 

If the final charging order is granted that means that they will be entitled to reclaim the money when/if you sell the house.

 

They could, theoretically, request that the house be sold, but given what you said about your circumstances, I can't imagine that would be granted.

[car123]

Hi I have just joined and have no idea how to work this. I badly need advice on mortgage shortfall debt and six year rule. I need to know if it is being used in any case at present

[OLIVE.FAMILY]

Hi I have just joined and have no idea how to work this. I badly need advice on mortgage shortfall debt and six year rule. I need to know if it is being used in any case at present

 

 

Hiya car123 and welcome to the forum. You will need to start your own thread so that people can see your need for help and assist you quicker.

 

Olivesxx

[bobneedhelp]

I also have a charging order made against my property - due to my movements(staying with friends and family around UK) I have been recuperating and getting the support from them. With my stress and depression, i have simply ignored all correspondence and now a charging order have been made against me. Does this mean that they can force a sale on my property? I need advise here too, please! My mortgage payments is up to date with the help from my family/friends and the little money i can make during the odd/part-time jobs I do.

This old loan was taken during my previous marriage ( I took over all the loans! thinking it would help my ex.. in the eraly 90's - continued making pro rata payments until en d of 99 then had to stop paying due to stress and depression (which I eventually resigned from my work). Due to this stress I stopped correspondence and move about staying with friends/family as stated, hence have not replied to any letters etc.

Please read my thread and see if you can offer me some breather/assistance. Confused Stress and Bewildered - HELP!

Reading this is very informative but information are too much for me at times and I lose track of what I have read. So I am slow but please bear with me.

[bobneedhelp]

Hi all,

Despite all the mishaps, we are all learning to live and get our lives back.

So here's to wishing all a happy christmas and new year. Best wishes for 2009.